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L1-B extension denied but I-140 is already approved. Not holding any H1-B VISA.
L1-B VISA expired and extension denied on Dec 27, 2017. I-94 expired too but I-140 is approved. I do not have H1-B VISA.
Questions:
• What are my options now? As I do not have H1-B VISA nor H1-B was filed before for me. This is my first employment in the USA.
• Can my employer file an H1-B with CAP EXEMPT if I-140 is approved and if I can travel to my home country and stamp visa and come back?
• I am currently employed with USA based company. Payroll – USA.
• I am still waiting for any official communication by my employer because they did not receive notice from USCIS yet
Has an Approved I-140:
• I-140 was approved on Dec, 2015 with Priority date of April , 2016
L1-B VISA and I-94 validity already expired:
• L1-B visa is already expired on Oct 19, 2017
• I-94 is already expired on Dec 19, 2017
• There is NO H1-B filled for me before by my employer (This is first my first employment in the USA)
• In Oct 2017, before my L1-B denied, Employer had already started collecting documents, questionnaires to file H1-B for me but for 2018.
L1-B extension History:
• USCIS denied L1-B extension on December 27, 2017 (auto-email notification from USCIS website)
• L1-B RFE response was submitted on December 18, 2017 to USCIS
• L1-B RFE was issued on (Attorney sent RFE details on November 22, 2017 via email)
• Premium processing on L1-B extension was upgraded on November 3, 2017
• L1-B extension was received by USCIS on October 11, 2017
Questions:
• What are my options now? As I do not have H1-B VISA nor H1-B was filed before for me. This is my first employment in the USA.
• Can my employer file an H1-B with CAP EXEMPT if I-140 is approved and if I can travel to my home country and stamp visa and come back?
• I am currently employed with USA based company. Payroll – USA.
• I am still waiting for any official communication by my employer because they did not receive notice from USCIS yet
Has an Approved I-140:
• I-140 was approved on Dec, 2015 with Priority date of April , 2016
L1-B VISA and I-94 validity already expired:
• L1-B visa is already expired on Oct 19, 2017
• I-94 is already expired on Dec 19, 2017
• There is NO H1-B filled for me before by my employer (This is first my first employment in the USA)
• In Oct 2017, before my L1-B denied, Employer had already started collecting documents, questionnaires to file H1-B for me but for 2018.
L1-B extension History:
• USCIS denied L1-B extension on December 27, 2017 (auto-email notification from USCIS website)
• L1-B RFE response was submitted on December 18, 2017 to USCIS
• L1-B RFE was issued on (Attorney sent RFE details on November 22, 2017 via email)
• Premium processing on L1-B extension was upgraded on November 3, 2017
• L1-B extension was received by USCIS on October 11, 2017
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